OR 2001-962 Maximum service trip rate charged by AT&T BroadbandAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2001-962
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ESTABLISHING FINDINGS AND THE MAXIMUM PERMITTED
SERVICE TRIP RATE CHARGED BY AT&T BROADBAND;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas franchises cable television service for the benefit
of its citizens with Paragon Cable; and
WHEREAS, AT&T BroadBand acquired Paragon Cable; and
WHEREAS, the City has amended the Franchise Agreement to reflect such acquisition;
and
WHEREAS, the City is the Grantor of a franchise ordinance by and between the City of
Coppell and AT&T BroadBand ("AT&T"); and
WHEREAS, in accordance with applicable provisions of the Telecommunications Act of
1996 (the "Act") and rules adopted by the Federal Communications Commission ("FCC") and
all other applicable federal and state laws and regulations, the City has undertaken all appropriate
procedural steps to regulate the equipment and installation rates; and
WHEREAS, in accordance with applicable FCC regulations the City adopted an
ordinance providing for the regulation of rates charged by cable television operators within the
City for the equipment and installation rates are related equipment and installation charges and
providing for a reasonable opportunity for interested parties to express their views concerning
basic cable regulations; and
WHEREAS, on or about October 1, 2001 the City reviewed what is commonly known as
FCC Form 1205; and
WHEREAS, the City has caused to be audited and has concluded that said proposed rates
for maximum permitted monthly lease rates in Form 1205 are inappropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That after review the following are ordained findings of this City Council:
That on or about October 1, 2001, the City of Coppell received AT&T's FCC
form 1205 filing.
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B. That the City reviewed AT&T's FCC Form 1205 to determine the reasonableness
of the proposed monthly equipment lease, installation and maintenance rates.
C. That the findings of the C2 Consulting audit, which is attached hereto and
incorporated herein by reference as Exhibit "A", are hereby established as
findings.
D. That based upon the information received from AT&T, the City concludes that
the rates proposed by AT&T for the maximum permitted truck trip rate are not
reasonable.
SECTION 2. That the City has an obligation to timely act upon the pending rate
application consistent with current FCC rules and regulations and that AT&T's submittal of the
FCC form 1205 received on or about October 1, 2001, is hereby rejected for the reason that the
proposed rate is not reasonable.
SECTION 3. That the City hereby further ordains:
A. That AT&T's request for maximum permitted truck trip rate of Twenty-five
Dollars and ninety-eight cents ($25.98) included in its Form 1205 filing is hereby
denied.
B. That based on the information received from AT&T and recommendations from
C2 Consulting Services, Inc., which is attached hereto and incorporated herein by
reference as Exhibit "A", the maximum permitted rate for the truck trip rate is
Twenty-one Dollars and seventy-six cents ($21.76) effective January 1, 2001.
SECTION 4. All provisions of the ordinances of the City of Coppell in conflict with the
provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the
ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 5. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
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part so decided to be invalid, illegal or unconstitutional, and shall not effect the validity of the
Code of Ordinances of the City of Coppell, Texas.
SECTION 6. That this ordinance shall take effect immediately from and after its
passage and publication, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this 18th day of
September, 2001.
APPROVED:
By: CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROV~ ~:
ROBERT E. HAGER, CITY ATTORNEY
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